CAP. 7] CAP
(s. 27 cont.]
Right of debtor as to manner of sale.
Distress for Rent.
to, and such sale shall be conducted at such place and time, and by such person as the Registrar may direct, whether by an auctioneer or by a bailiff of the court.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
28. The debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
Case of deserted
premises, where no distress left.
[cf. 11 Geo. 2,
c. 19, ss. 16
and 57
PART V.
DESERTED PREMISES.
29. (1) Where any immovable property is held at a rack rent, or where the rent reserved is full three-fourths of the yearly value of the demised premises, and where neither the value of the premises by the year, nor the rent payable in respect of the tenancy by the year, exceeds three hundred dollars, if the tenant is in arrears for two months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, it shall be lawful for the court, at the request of the lessor or landlord or his agent and on information upon oath, to issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the court within ten days, the premises will be given over to the applicant.
(2) If no such cause is shown, it shall be lawful for the court, on proof of the fact of desertion, of non-payment of at least two months' rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord
262